PRITHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal by special leave arises in the following way. On October 3, 1990 at about 9.30 a.m., a certain Bhoop Singh, resident of Badopal, owner of the vehicle (Jeep) bearing registration No. DNC-9324 asked his driver--Hari Singh (PW-6) to bring Ami Lal from his Dhani situate in the village Bhodia Bishnoian. PW-6 reached there and waited for about an hour. Ami Lal and his brother Chhotu Ram (PW-9) then accompanied PW-6 in the Jeep. One Sant Lal, who was present at Ami Lals Dhani also sat in the Jeep as he also wanted to go to Badopal. Ami Lal sat in the front seat near PW- 6. PW-9 and Sant Lal occupied the rear seat. On their return, while PW-6 was driving the jeep towards village Bhana, he saw one white gypsy belonging to Jee Ram (A-4) ambushed near the cremation ground. PW-6 stopped his vehicle. Immediately thereafter A-4, Prithi (A-5)-- appellant herein, Ram Singh @ Guria (A-1), Ram Singh @ Ram Dhan (A-2) and Mahabir Singh (A-3) armed with guns and rifles came out of the bushes. A-4 fired a shot which hit the tyre of the jeep. A-1, A-2, A-3, A-4 and A-5 then rushed towards the Jeep. A-4 fired shot at Ami Lal while A-1 fired shot that hit Sant Lal. All the occupants of the jeep, viz., PW-6, PW-9, Ami Lal and Sant Lal jumped out of the jeep. A-5 fired a shot at PW-6 but that hit the jeep. PW-6, PW- 9 and Sant Lal ran away in different directions. Ami Lal was overpowered by the attacking party by firing shots at him. A-5 fired another shot at PW-6 which hit him on the back of his left shoulder. The attacking party took away Ami Lal (already dead by that time) in their vehicle (gypsy). PW-6 after running for some time reached village Chhinder where one Prithi Singh, son of Ram Pratap Bishnoi took him to Civil Hospital and got him admitted and then on the intimation sent by the doctor, police reached the Civil Hospital, recorded statement of PW-6 and FIR was got registered at police station, Adampur for the murder of Ami Lal and other offences. The police after completion of investigation submitted challan against A-1, A-2, A-3 and A-4. The name of the appellant was put in column No. 2. However, the Additional Sessions Judge vide his order dated August 27, 1993 summoned A-5 and framed charges against all the five accused persons under Section 302 read with Section 149, Section 307 read with Sections 149, 148 and 201 of the Indian Penal Code (for short IPC). The prosecution examined as many as 14 witnesses. The trial court (Additional Sessions Judge, Hisar) vide his judgment dated March 20, 1993 convicted the accused persons (A-1, A-2, A-3, A-4 and A- 5) for the offences punishable under Section 302 read with Section 149, Section 307 read with Sections 149, 148 and 201 IPC and sentenced them to undergo life imprisonment and different period of rigorous imprisonment.

(2.) A-1 to A-5 preferred criminal appeal before the High Court of Punjab and Haryana challenging their conviction and the sentence. The High Court vide its judgment dated September 12, 2008 dismissed the appeal and maintained their conviction and sentence.

(3.) A-1, A-2 and A-4 filed special leave petition (SLP(Crl.) No. 236 of 2009) against the impugned judgment which came to be dismissed by this Court on January 23, 2009. Insofar as A-3 is concerned, he filed a separate special leave petition in which leave was granted. His appeal was dealt with by us separately as he was juvenile on the date of the incident and disposed of on June 25, 2010.